WHEN IS IT REQUIRED? – All changes to tenancy in a commercial space or plans to open a business in any property within the City of Hagerstown requires a zoning certificate from the City Planning & Zoning Office to determine if the use is permitted by Zoning and to ensure the space meets minimum City standards for occupation. The business must receive a zoning certificate from the City prior to the business opening in their new space, or the business will be in violation of the City Zoning Ordinance.

WHAT IF PERMITS ARE INVOLVED? – The City will let the applicant know in short order if the use is permitted at that location by the Zoning Ordinance, however the zoning certificate will not be issued until after any open building permits at the property are closed and/or after any required change of use permit process is concluded. Our office will let you know if this provision applies and who to contact to follow up.

WHAT IF THE SPACE HAS BEEN VACANT? –  If a tenant space has been vacant for a year or more, an inspection by the Building Inspector and the Fire Marshal’s Office is required to ensure the space meets minimum occupation standards. Our office will let you know if this provision applies and who to contact to follow-up. These inspections must be set up by the applicant and are required to be concluded before a zoning certificate will be issued.

WHAT IF OTHER AGENCIES MUST ALSO APPROVE? – A receipt for the zoning certificate indicates compliance with City Codes. It does not exempt the business from gaining approvals from other agencies that may regulate the use, such as the Health Department, Liquor Board, Motor Vehicles Administration, State Board of Cosmetology, etc. The applicant is responsible for gaining those other approvals.

WHAT ABOUT HOME-BASED BUSINESSES? – City zoning allows home-based businesses under certain conditions. In order to be considered a legally operating home-based business, the use of the residence for a business must be undetectable to neighbors. The conditions of operation include, but are not limited to:

1. The business must be operated from the proprietor’s residence,
2. No customers, clients or non-resident employees may come to the property,
3. No outdoor storage of any kind,
4. No sign on the property, and;
5. Deliveries are limited to typical types of deliveries received by a residence.

HOW DO I OBTAIN A ZONING CERTIFICATE? – The applicant must fill out and sign the application and forward it to the Planning & Zoning Office with the required filing fee. The filing fees are:  

1. $50 for a home-based business.
2. $50 for a CC-MU zoning district business.
3. $125 for a regular zoning certificate.
4. $400 for a blanket zoning certificate - for multiple-enterprise businesses like an antique mall. This certificate is good for four years.

Zoning certificates can be emailed with payment made on-line later, mailed with a check to the Planning & Zoning Office, or dropped off at our office. Credit card payments may be made on-line or at City Hall. Checks should be made out to the City of Hagerstown. If you wish to pay online, City staff will send an email with instructions once the application is entered into the permitting software. Our mailing address is City of Hagerstown Planning & Code Administration Department, One E. Franklin Street, Room 300, Hagerstown, Maryland, 21740.  Our email is planning@hagerstownmd.org.

City staff will reach back out if any other steps are necessary before the zoning certificate can be issued. If you have any questions about this process, please email planning@hagerstownmd.org or call the Planning & Zoning Office at (301) 739-8577, ext. 138.

Good luck with your business venture!